United States v. David McHenry United States of America v. John Gulde
Opinion
Opinion
Hall, J.
ORDER
The opinion filed December 27, 1991, is amended as follows.
In 952 F.2d 328 (9th Cir.1991), at page 330, second full paragraph, column two, line 6 after “... itself.”, insert new footnote 4 to read:
With this amendment, the panel has voted to deny appellee’s petition for rehearing and to reject the suggestion for rehearing en banc.
The full court has been advised of the suggestion for rehearing en banc and no active judge has requested a vote on whether to rehear the matter en banc. Fed.R.App.P. 35.
The petition for rehearing is DENIED and the suggestion for rehearing en banc is REJECTED..
OPINION
Defendants David McHenry and John Guide were convicted of conspiracy to commit mail and wire fraud in violation of 18 U.S.C. § 371 . Defendants appeal their convictions and the district court’s award of restitution. In a separate, unpublished disposition, we affirmed the convictions. In this opinion, we vacate the restitution award and leave the balance of the sentence intact. We have jurisdiction for this timely appeal under 28 U.S.C. § 1291 .
I.
Defendants McHenry and Guide are in the business of buying and selling coins. Guide and his wife own a business called the Coin…